Acts and Regulations

84-7 - Emergency Planning for the Continuity of the Government of New Brunswick

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-7
under the
Emergency Measures Act
(O.C. 84-29)
Filed January 23, 1984
Under section 25 of the Emergency Measures Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Emergency Planning for the Continuity of the Government of New Brunswick Regulation - Emergency Measures Act.
2(1)The New Brunswick Emergency Measures Organization is responsible for stimulating and coordinating emergency preparedness planning for emergencies and disasters during peacetime and war.
2(2)The New Brunswick Emergency Measures Organization shall:
(a) develop, in conjunction with provincial departments and federal and municipal authorities, a program to ensure the continuity of government in an emergency;
(b) co-ordinate civil emergency preparedness planning and training by departments and agencies of the Government of New Brunswick;
(c) co-ordinate civil emergency preparedness organization, planning, and training by municipalities and groups of municipalities;
(d) plan civil emergency preparedness measures in respect to matters that are not the responsibility of any department or agency of the Government of New Brunswick or the Government of Canada;
(e) within the guidelines agreed upon with the federal authorities, liaise with and plan for joint operations with adjacent states and provinces for civil emergency preparedness measures of mutual concern;
(f) establish guidelines for training and exercises to be carried out by the provincial departments, agencies, and municipalities; and
(g) co-ordinate provincial operations during a declared disaster.
2004-133
3The Ministers of all departments and agencies of the Government of the Province of New Brunswick shall ensure that the necessary planning is carried out within their departments and agencies co-ordinated as necessary with the planning of the federal and municipal levels of government.
4(1)The following departments and agencies of the Government of New Brunswick shall have designated planning responsibilities:
Department of Agriculture, Aquaculture and Fisheries
Department of Education and Early Childhood
Development
Department of Environment and Local Government
Department of Finance and Treasury Board
Department of Health
Department of Justice and Public Safety
Department of Natural Resources and Energy Development
Department of Post-Secondary Education, Training and
Labour
Department of Social Development
Department of Tourism, Heritage and Culture
Department of Transportation and Infrastructure
New Brunswick Power Corporation
Service New Brunswick
4(2)All departments and agencies that have been assigned designated planning responsibilities shall
(a) assess their potential disaster problems and related disaster functions, and determine the capability of their department or agency to meet an emergency or a disaster,
(b) prepare staff instructions, emergency orders and regulations, and essential records that may be required for an emergency or a disaster,
(c) develop and conduct in-service training programs in conjunction with the New Brunswick Emergency Measures Organization, and
(d) prepare a departmental disaster plan for inclusion in the overall provincial disaster plan.
4(3)In addition to the general duties designated in subsection (2),
(a) the Department of Agriculture, Aquaculture and Fisheries shall
(i) in conjunction with Agriculture and Agri-Food Canada, plan for a joint provincial-federal organization to be responsible for
(A) the production of foodstuffs and livestock, and
(B) the protection of farms, crops and livestock against hazards,
(ii) identify and investigate agricultural products that may be contaminated as the result of a disaster and refer these to the Department of Health for testing and disposal of products found to be unfit for use,
(iii) in conjunction with the Canadian Coast Guard, alert and request the removal of fishing and other vessels from a danger area, and
(iv) identify and investigate marine products that may be contaminated as the result of a disaster and refer these to the Department of Health for testing and disposal of products found to be unfit for use;
(b) the Department of Education and Early Childhood Development shall
(i) in conjunction with other provincial departments and the New Brunswick Emergency Measures Organization, develop plans, policies and guidelines for school authorities for the protection of students during an emergency or a disaster while those students are under the control of school authorities, and
(ii) support the Department of Transportation and Infrastructure and the Department of Social Development in planning transportation and establishing reception centres and shelters for evacuees during an emergency or a disaster;
(c) the Department of Environment and Local Government shall
(i) in conjunction with other provincial departments, the New Brunswick Emergency Measures Organization and Public Safety and Emergency Preparedness Canada develop plans and procedures for
(A) the control of emergencies arising from the spill of hazardous chemicals, liquids or gases into the environment which would endanger the public or environment of the Province,
(B) the disposal of hazardous chemicals and explosives, and
(C) the monitoring of waterways for flood conditions and, when necessary, advising the public through the New Brunswick Emergency Measures Organization,
(ii) support the New Brunswick Emergency Measures Organization and the Department of Justice and Public Safety in developing plans for inspecting and investigating possible environmental contaminations that occur as the result of an emergency or a disaster, and
(iii) in conjunction with the Department of Health, monitor the waterways for health and environmental hazards,
(d) the Department of Finance and Treasury Board, in conjunction with other provincial departments and agencies, shall be responsible for
(i) the provision of assistance and advice, as requested, to Finance Canada and the Bank of Canada,
(ii) the provision of funds to cover normal and emergency provincial expenditures,
(iii) the provision of advice respecting imposition of emergency taxes and other fiscal measures,
(iv) Repealed: 2016, c.37, s.60
(v) the provision of advice respecting financial moratoria and, if required, the implementation of measures for financial moratoria,
(vi) the assessment of the financial situation,
(vii) the control of the use of funds to cover normal and emergency provincial expenditures, including emergency financial assistance arrangements with the Federal and Municipal Governments,
(viii) the provision of advice respecting the priorities to be given to competing demands on the financial and economic resources of the Province, and
(ix) the provision of advice respecting financial moratoria and, if required, the implementation of measures for financial moratoria;
(d.1) Repealed: 2010, c.31, s.38
(e) the Department of Health shall
(i) in conjunction with Health Canada and the New Brunswick Emergency Measures Organization, plan for the establishment and operation of a provincial Emergency Health Service, including the planning, organization and operation of emergency hospitals, advance treatment centres and casualty collecting units, and assist hospitals in developing disaster plans,
(ii) in conjunction with the Department of Social Development, arrange for the delivery of counselling services and critical stress debriefings to disaster victims and emergency workers,
(iii) arrange with the Canadian Food Inspection Agency for the testing of agricultural and marine products that are identified by the Department of Agriculture, Aquaculture and Fisheries as possibly being contaminated, and
(iv) support the Department of Justice and Public Safety in its emergency role by inspecting buildings in order to identify biological hazards that are the result of an emergency or a disaster;
(e.1) the Department of Environment and Local Government shall
(i) in conjunction with other provincial departments, the New Brunswick Emergency Measures Organization and Public Safety and Emergency Preparedness Canada develop plans and procedures for assisting municipalities in the continuance of government and disaster operations during a disaster, and
(ii) support the New Brunswick Emergency Measures Organization and other provincial departments and agencies in developing plans and procedures to co-ordinate emergency planning and operations in rural districts;
(f) the Office of the Attorney General, the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, shall be responsible for the co-ordination of emergency legislation and regulations required by provincial departments and agencies during an emergency or a disaster;
(g) Repealed: 1998, c.41, s.48
(h) the Department of Justice and Public Safety shall
(i) in conjunction with the New Brunswick Emergency Measures Organization, Public Safety and Emergency Preparedness Canada and Public Works and Government Services Canada, participate in the planning and development of an organization for wartime control of engineering and construction,
(ii) through the office of the fire marshal, develop a provincial fire plan including a comprehensive training program for volunteer firefighters and where necessary auxiliary firefighters, and the control and allocation of all fire-fighting equipment and personnel in the Province during the declared emergency,
(iii) be responsible for the administration of law and order during an emergency or a disaster through the Royal Canadian Mounted Police and police forces as defined in the Police Act,
(iv) arrange for the Royal Canadian Mounted Police to dispose of explosives, and
(v) in conjunction with the New Brunswick Emergency Measures Organization and other provincial departments, develop plans to inspect buildings that may have suffered damage as the result of an emergency or a disaster in order to determine if those buildings comply with the Boiler and Pressure Vessel Act, the Electrical Installation and Inspection Act, the Elevators and Lifts Act, the Fire Prevention Act and the Plumbing Installation and Inspection Act;
(i) the Department of Natural Resources and Energy Development shall be responsible for the provision of emergency rescue services and emergency fire-fighting assistance to the fire marshal during an emergency or a disaster;
(j) the Department of Social Development shall
(i) in conjunction with Health Canada and the New Brunswick Emergency Measures Organization, be responsible for the planning, establishment and operation of the following emergency social services in the reception and care of evacuees or disaster victims:
(A) Lodging;
(B) Feeding (disaster victims and essential workers);
(C) Clothing;
(D) Registration and Inquiry; and
(E) Personal Services;
(i.1) assist Geriatric Centres and Nursing Homes in developing disaster plans,
(i.2) in conjunction with the New Brunswick Emergency Measures Organization, the Department of Social Development and Public Works and Government Services Canada, plan for the wartime establishment of an emergency accommodation agency,
(i.3) support the New Brunswick Emergency Measures Organization and the Department of Justice and Public Safety in developing plans for inspecting buildings to identify structural damage that has occurred as the result of an emergency or a disaster, and
(ii) be responsible for
(A) the provision of feeding services to emergency installations in a peacetime disaster;
(B) the provision of emergency social services as required in support of survival operations; and
(C) the continuation of essential social programs and assistance as required in the rehabilitation of disaster victims;
(k) Service New Brunswick shall
(i) be responsible for the development of plans and procedures for emergency operations supply, compatible with plans and procedures of the National Supply Agency, and
(ii) be responsible for emergency telephone and telecommunication facilities;
(l) the Department of Tourism, Heritage and Culture shall
(i) in conjunction with the Department of Natural Resources and Energy Development, develop plans to support the Department of Natural Resources and Energy Development in its emergency role, and
(ii) in conjunction with the New Brunswick Emergency Measures Organization, develop plans for alerting tourists during an emergency or a disaster;
(m) the Department of Transportation and Infrastructure shall
(i) be responsible for the construction, repair and maintenance of all roads, bridges, highways and provincial wharves and ferries as may be required in an emergency,
(ii) in conjunction with Public Works and Government Services Canada, Public Safety and Emergency Preparedness Canada and the New Brunswick Emergency Measures Organization, participate in the planning and development of an organization for the wartime control of engineering and construction resources,
(ii.1) in conjunction with the Royal Canadian Mounted Police, be responsible for maintaining and controlling evacuation routes during an emergency or a disaster,
(iii) in conjunction with the New Brunswick Emergency Measures Organization, and other provincial departments, be responsible for the planning and operation of emergency government radio communications, and
(iv) in conjunction with the New Brunswick Emergency Measures Organization, Public Safety and Emergency Preparedness Canada and Transport Canada, be responsible for the planning, organization, and operation of any emergency transport control organization;
(n) Communications New Brunswick shall, in conjunction with other provincial departments, Public Safety and Emergency Preparedness Canada and the New Brunswick Emergency Measures Organization, be responsible for the development of an emergency public information service;
(o) the New Brunswick Power Corporation shall, in conjunction with Natural Resources Canada, be responsible for planning for the provision of electric power during an emergency or a disaster;
(p) the Department of Natural Resources and Energy Development shall be responsible for developing plans and procedures for the use of energy resources during an emergency or a disaster;
(q) the Department of Post-Secondary Education, Training and Labour shall
(i) be responsible for developing plans, policies and guidelines to be used by administrators of the New Brunswick College of Craft and Design for the protection of its students during an emergency or disaster,
(ii) in conjunction with Human Resources and Skills Development Canada and the New Brunswick Emergency Measures Organization, be responsible for the mobilization of pools of labour as required for disaster recovery operations, and
(iii) support the Department of Social Development in its role of establishing reception centres and shelters for evacuees by allowing the use of buildings under its control for this purpose.
(r) Repealed:  2019, c.29, s.48
4(4)All departments and agencies which operate at the municipal level and which would be expected to provide emergency services to those municipalities shall participate in the planning, organizing, and operations of those municipalities as though they had been designated planning responsibilities under this section.
1998, c.41, s.48; 2000, c.26, s.104; 2004, c.20, s.21; 2003, c.E-4.6, s.165; 2004-133; 2006, c.16, s.58; 2007, c.10, s.28; 2008, c.6, s.13; 2010-90; 2010, c.31, s.38; 2012, c.39, s.63; 2012, c.52, s.19; 2013, c.7, s.157; 2013, c.42, s.8; 2015, c.44, s.93; 2016, c.37, s.60; 2019, c.2, s.46; 2019, c.29, s.48; 2019, c.29, s.173; 2020, c.25, s.46; 2021, c.44, s.40
5(1)All personnel assigned responsibilities in emergency planning, organization and operations shall, at the request of the Director of the New Brunswick Emergency Measures Organization, attend a general orientation course.
5(2)Where necessitated by extraordinary responsibilities, personnel referred to in subsection (1) shall, at the request of the Director of the New Brunswick Emergency Measures Organization, take specialized training.
2004-133
6If, during the course of liaison and planning in connection with the purposes of this Regulation, any person receives information of a classified nature, that person shall safeguard such information, passing to subordinates only the minimum of information required for the intelligent performance of their duties.
1998, c.41, s.48
7Regulation 67-83 under the Emergency Measures Act is repealed.
SCHEDULE A
Repealed: 1998, c.41, s.48
1998, c.41, s.48
N.B. This Regulation is consolidated to January 1, 2023.